CSSB 53(FIN): "An Act relating to payment for abortions under Medicaid and general relief medical assistance; annulling changes made by certain regulations adopted by the Department of Health and Social Services relating to funding of abortion services under the general relief medical program; and providing for an effective date."
00CS FOR SENATE BILL NO. 53(FIN) 01 "An Act relating to payment for abortions under Medicaid and general relief 02 medical assistance; annulling changes made by certain regulations adopted by the 03 Department of Health and Social Services relating to funding of abortion services 04 under the general relief medical program; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. INTENT. (a) The intent of AS 47.07.067 and AS 47.25.197, enacted by 07 secs. 2 and 3 of this Act, is to confirm and clarify that statutes in effect on the day before 08 enactment of this Act require payment for abortion services under AS 47.07 (Medicaid 09 program) and AS 47.25.120 - 47.25.300 (general relief medical assistance). AS 47.07.067 and 10 AS 47.25.197 are intended to continue the already required practice of paying for abortions 11 to the extent that they were paid for under AS 47.07, AS 47.25.120 - 47.25.300, 7 AAC 12 43.140, 7 AAC 43.825, 7 AAC 43.835, 7 AAC 47.210(7), 7 AAC 47.200(4)(E), 7 AAC 13 47.290(3) and (5), and related regulations, as they were in effect on December 30, 1992. 14 (b) The intent of sec. 4 of this Act is to annul the changes made in abortion funding
01 regulations that were filed with the lieutenant governor in January 1993 so that abortions are 02 eligible for funding under the regulations of the Department of Health and Social Services as 03 they existed in December 1992. 04 * Sec. 2. AS 47.07 is amended by adding a new section to read: 05 Sec. 47.07.067. PAYMENT FOR ABORTIONS. (a) The department shall 06 pay for abortion procedures under this chapter to the extent permitted under federal 07 law. 08 (b) An abortion procedure not covered by federal law for a person otherwise 09 eligible for assistance under this chapter shall be covered under AS 47.25.120 - 10 47.25.300. 11 * Sec. 3. AS 47.25 is amended by adding a new section to read: 12 Sec. 47.25.197. PAYMENT FOR ABORTIONS. (a) Notwithstanding 13 AS 47.25.200 or any other provision of law, the department shall provide medical 14 assistance payments under AS 47.25.120 - 47.25.300 for the cost of services 15 reasonably necessary for a therapeutic or elective abortion performed by a physician 16 for a person who is otherwise eligible for assistance under AS 47.07 or AS 47.25.120 - 17 47.25.300. 18 (b) For purposes of AS 47.25.205, the cost of inpatient physician services, 19 outpatient physician services, inpatient hospital services, emergency and nonemergency 20 medical transportation, pharmaceuticals, medical supplies and equipment, outpatient 21 laboratory and x-ray services, and other costs reasonably necessary for an abortion 22 authorized under this section shall be given the funding priority granted to the cost of 23 those services or items when they are performed or used in connection with other 24 procedures or treatments authorized under AS 47.25.120 - 47.25.300. 25 * Sec. 4. The changes made to 7 AAC 47.170(b), 7 AAC 47.200, 7 AAC 47.210(7), and 26 7 AAC 47.290(3) and (5) by regulations that were filed by the lieutenant governor on 27 January 20, 1993, are annulled. 7 AAC 47.290(7) and (8) are annulled. 28 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).